Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Syme Library Case) [2018] FCA 1142

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Syme Library Case) [2018] FCA 1142

The Court found the CFMEU and its officer Mr Theodorou, as well as Harris Interiors' officers Darker and Dwyer, contravened various sections of the Fair Work Act by making misleading representations, threats amounting to adverse action, and engaging in coercion to pressure Hughes Demolition to enter an enterprise agreement, and discriminated against them through a work stoppage for not having an EBA. The CFMEU was liable for its officers' conduct under statutory attribution of acts and state of mind. Contraventions by work stoppage were not established for Mr Theodorou, but liability under specified sections and for the discrimination by Harris Interiors' officers was made out.

Parties
Applicant: Australian Building and Construction Commissioner; First Respondent: Construction, Forestry, Mining and Energy Union; Second Respondent: Theo Theodorou; Third Respondent: Harris HMC Interiors (VIC) Pty Ltd; Fourth Respondent: Carmelo Silvestro; Fifth Respondent: Shanne Darker; Sixth Respondent: Jason Dwyer
Jurisdiction
Australia
Judgment Date
01 August 2018
Procedural Posture
Originating Application for Declarations and Penalties Under Fair Work Act and Related Statutes / Post Trial Judgment and Interlocutory Orders
Outcome
Findings of contraventions of ss 345, 349, 340, 343, 348, and 354 by specified respondents; further hearing on relief directed.
Legal Topics
Adverse Action, Coercion, Misrepresentation, Discrimination, Enterprise Agreements, General Protections, Industrial Activity
Employment & Industrial Relations Industrial Law Adverse Action Coercion Misrepresentation Discrimination Enterprise Agreements General Protections +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 33 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Australian Building and Construction Commissioner

Applicant

Construction, Forestry, Mining and Energy Union

First Respondent

Theo Theodorou

Second Respondent

Harris HMC Interiors (VIC) Pty Ltd

Third Respondent

Carmelo Silvestro

Fourth Respondent

Shanne Darker

Fifth Respondent

Jason Dwyer

Sixth Respondent

Procedural Posture

Originating Application for Declarations and Penalties Under Fair Work Act and Related Statutes / Post Trial Judgment and Interlocutory Orders

Legal Issues

  1. 1 Whether respondents contravened ss 340, 343, 345, 348, 349, and 354 of the Fair Work Act 2009 (Cth)
  2. 2 Whether CFMEU and officers made false or misleading representations regarding enterprise agreement obligations
  3. 3 Whether Harris Interiors and officers took adverse action or engaged in coercion or discrimination as alleged

Ratio Decidendi

The Court found the CFMEU and its officer Mr Theodorou, as well as Harris Interiors' officers Darker and Dwyer, contravened various sections of the Fair Work Act by making misleading representations, threats amounting to adverse action, and engaging in coercion to pressure Hughes Demolition to enter an enterprise agreement, and discriminated against them through a work stoppage for not having an EBA. The CFMEU was liable for its officers' conduct under statutory attribution of acts and state of mind. Contraventions by work stoppage were not established for Mr Theodorou, but liability under specified sections and for the discrimination by Harris Interiors' officers was made out.

Court Disposition

Findings of contraventions of ss 345, 349, 340, 343, 348, and 354 by specified respondents; further hearing on relief directed.

Orders

  • The further hearing of the application be listed at 10.15 am on 14 August 2018.
  • Applicant to file and serve affidavits and outline of submissions regarding penalties and relief by 7 August 2018.